Key witness refuses to testify: Policeman fears inquest into mystery death
An inquest into the death of a Smith's Parish woman took a bizarre twist yesterday when a key witness refused to give evidence on the grounds that he might incriminate himself.
Tony Bukhari -- boyfriend of suicide victim Liz Cadell - claimed he could not answer questions about the death because lawyers acting on behalf of the dead woman are fighting to bring manslaughter charges against him.
Ms Cadell died after taking a massive dose of aspirin at the couple's Harvey Hill Road apartment on May 31 last year. The inquest has already heard evidence from a top pathologist who claimed that Mr. Bukhari's version of events "did not fit in with the medical evidence''.
After taking the witness stand, Mr. Bukhari was asked by Crown Counsel Sandra Bacchus if he had had a relationship with the dead woman last year.
Mr. Bukhari replied: "I decline to answer that question on the grounds that it might incriminate me.'' When Ms Bacchus questioned his decision, Bukhari's lawyer, Delroy Duncan, explained a lawyer representing Ms Cadell's estate would be seeking a manslaughter verdict and any answers given by Mr. Bukhari could be incriminating.
"You are going to be asked to direct this jury to find a verdict of manslaughter by negligence,'' he told Senior Coroner Will Francis.
"We want to invoke privilege.'' Mr. Francis eventually ruled that Mr. Bukhari would have to answer questions -- but attorneys would not be allowed to quiz him about specific events leading up to Ms Cadell's death.
Mr. Bukhari then confirmed that he had a relationship with the dead woman and that they were living together at the time of her death.
But when Ms Bacchus asked if he owned a pager, Mr. Francis intervened and the witness did not have to face any further questions.
It is understood Ms. Cadell repeatedly tried to contact Mr. Bukhari on his pager in the early hours of May 31. At the time he was out drinking with a friend, Catherine Brewer.
Witness refuses to talk Ms Brewer told the inquest she and Mr. Bukhari had left a bar at about 1. a.m.
on the day of the death after he had finished work. They then went to her apartment where they drank and talked for a few hours. She said Mr. Bukhari left at about 3.30 a.m.
She added although the couple were not having a sexual relationship at the time, they have since become lovers.
The family's attorney, Dennis Dwyer, later refused to confirm or deny he would be pressing for a charge of manslaughter.
"I will be making my submissions to the coroner at the end of the evidence,'' he said. "You will have to wait and see.'' The inquest also heard further medical opinion which contradicted Mr.
Bukhari's version of events.
Mr. Bukhari claims on the day of Ms Cadell's death, he got home at about 4.
a.m. and went to sleep, although his girlfriend was still up and apparently upset. When he woke up at about 11.30 a.m. Ms. Cadell, told him that she had taken an overdose a few hours earlier. On his advise she then made herself sick.
The couple had sex at about 1 p.m. and then Mr. Bukhari left their apartment to go for a jog. When he returned one hour and 15 minutes later he discovered Ms Cadell's naked body sprawled on the bedroom floor.
But Dr. James Johnson, the pathologist who carried out the autopsy on Ms Cadell, agreed with earlier evidence put forward by forensic pathologist Dr.
Valerie Rao, that Ms Cadell must have been dead by 10 a.m. -- at the latest.
Dr. Johnson claimed that, because rigor mortis "was well established'' when the body was first examined at 4 p.m., death must have occurred at least six hours earlier.
"I think 10 a.m. is stretching it a bit,'' he said.
Elizabeth Cadell and Tony Bukhari in happier times